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Senior Courts Act 2016

Senior court Judges - Acting Judges

111: Appointment of acting Judges of Supreme Court by Governor-General

You could also call this:

"The Governor-General can choose a retired Supreme Court Judge to be an acting Judge."

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The Governor-General can appoint acting Judges of the Supreme Court. You need to be advised by the Attorney-General to do this. The person must be a retired Supreme Court Judge and under 75 years old. When you are an acting Judge, you can only do what the Chief Justice says. The Chief Justice can let you hear certain cases or cases within a certain time. They can only let you do this if there is a vacancy or a Judge is unavailable. The Chief Justice must give a certificate to the Attorney-General to authorise you as an acting Judge, as stated in section 115. This is how you become an acting Judge of the Supreme Court. You will then be able to hear cases as an acting Judge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759458.

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Part 5Senior court Judges
Acting Judges

111Appointment of acting Judges of Supreme Court by Governor-General

  1. The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the Supreme Court.

  2. A person is eligible for appointment under subsection (1) if that person is—

  3. a retired Supreme Court Judge; and
    1. under the age of 75 years.

      1. During the term of his or her appointment under subsection (1), an acting Judge of the Supreme Court may only act to the extent authorised by the Chief Justice under subsection (4).

      2. The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court—

      3. to hear and determine any proceedings within a specified period; or
        1. to hear and determine 1 or more specified proceedings.

          1. The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court only if satisfied that—

          2. there is a vacancy in the Supreme Court; or
            1. a Judge of the Supreme Court is for any reason unavailable to hear proceedings or particular proceedings.

              1. An acting Judge is authorised when the Chief Justice gives the Attorney-General a certificate under section 115.

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